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The case established the doctrine of alternative liability and has had its greatest influence in the area of product liability in American jurisprudence. Summers v. Tice Three hunters, Summers, Tice, and Somonson, were hunting quail when Tice flushed a quail, and it flew between the three hunters. -It was a negligence action against two defendant hunters. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 357]; Reyher v. Mayne, 90 Colo. 586 [ 10 P.2d 1109]; Benson v. Ross, 143 Mich. 452 [106 N.W. App. To hold otherwise would be to exonerate both from liability, although each was negligent, and the injury resulted from such negligence." 134].). 20650, 20651. Gibson, C.J., Shenk, J., Edmonds, J., Traynor, J., Schauer, J., and Spence, J., concurred. There is evidence that both defendants, at about the same time or one immediately after the other, shot at a quail and in so doing shot toward plaintiff who was uphill from them, and that they knew his location. So, you have a plaintiff with physical injuries and no chance of Summers, who was in a similar direction to the quail, was struck in the eye by one of the bullets. The court then stated: "We think that ... each is liable for the resulting injury to the boy, although no one can say definitely who actually shot him. The foregoing discussion disposes of the authorities cited by defendants such as Kraft v. Smith, 24 Cal.2d 124 [ 148 P.2d 23], and Hernandez v. Southern California Gas Co., 213 Cal. App. Summers v. Tice. One shot struck plaintiff in his eye and another in his upper lip. Summers V. Tice. 20650, 20651. Some of the cited cases refer to the difficulty of apportioning the burden of damages between the independent tort feasors, and say that where factually a correct division cannot be made, the trier of fact may make it the best it can, which would be more or less a guess, stressing the factor that the wrongdoers are not in a position to complain of uncertainty. The injured party has been placed by defendants in the unfair position of pointing to which defendant caused the harm. CitationSummers v. Tice, 33 Cal. 366 [274 P. 544]; 2 Cal.Jur. Synopsis of Rule of Law. Summers v Tice. plaintiff’s harm. The joint liability, as well as the lack of knowledge as to which defendant was liable, was pleaded and the proof developed the case under either theory. 872]; Sawyer v. Southern California Gas Co., 206 Cal. Such a tenet is not reasonable. We are looking to hire attorneys to help contribute legal content to our site. It is argued by defendants that they are not joint tort feasors, and thus jointly and severally liable, as they were not acting in concert, and that there is not sufficient evidence to show which defendant was guilty of the negligence which caused the injuries — the shooting by Tice or that by Simonson. Read more about this topic: Summers V. Tice. 872]; Sawyer v. Southern California Gas Co., 206 Cal. View Summers V. Tice.docx from LWSO 100 at University of California, Riverside. 1120, 114 Am.St.Rep. It is up to defendants to explain the cause of the injury. 2d 84] evidence to show that the shot which struck plaintiff came from Simonson's gun because of admissions allegedly made by him to third persons and no evidence that they came from his gun. He cites no authority for the proposition that by going on a hunting party the various hunters assume the risk of negligence on the part of their companions. Both of the defendants simultaneously shot at a quail, striking the plaintiff in the eye, causing injury. Gibson, C.J., Shenk, J., Edmonds, J., Traynor, J., Schauer, J., and Spence, J., concurred. (See, Slater v. Pacific American Oil Co., 212 Cal. Prosser, pp. Each of the two defendants appeals from a judgment against them in an action for personal injuries. Each of the two defendants appeals from a judgment against them in an action for personal injuries. The jury found that both defendants were liable. [3] It is true that plaintiff suggested that they all "stay in line," presumably abreast, while hunting, and he went uphill at somewhat of a right angle to the hunting line, but he also cautioned that they use care, and defendants knew plaintiff's position. SUMMERS v. TICE Supreme Court of California.In Bank. In so doing the court evidently did not give credence to the admissions of Simonson to third persons that he fired the shots, which it was justified in doing. Nobody knows which one, but one and only one defendant hit the plaintiff. (Wigmore, Select Cases on the Law of Torts, § 153.) Click here to remove this judgment from your profile. Prosser, pp. Summers, who was in a similar direction to the quail, was struck in the eye by one of the bullets. Co., v. Industrial Acc. -Both Ds negligently fired, at the same time, at a quail and in the direction of the P. -P was struck in the eye by a shot from one gun. 138 [4 P. 1152, 56 Am.Rep. Both Ds negligently fired at the same time at a quail in P's direction. 2d 80 (1948) Procedural History-This case deals with consolidated appeals from a Superior Court of Los Angeles judgement that awarded the P damages for personal injures that arisen out of a hunting accident. Because of this, the plaintiff of any confusion, feel free reach. Tice et al., defendants and Respondents.MAUREEN ROGERS, plaintiff and Appellant what has been placed defendants... 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